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(영문) 부산지방법원 2016.07.21 2014나12727
계약금 반환 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. (i) On June 4, 2012, the Plaintiff entered into an entrustment contract for software development with the Defendant, and the Defendant entered into an entrustment contract for software development (hereinafter “instant contract”) with the Plaintiff to develop and supply “Engine 200,000 won” until July 31, 2012, and paid down payment to the Defendant on the same day.

Article 3 (Supply of Goods) (1) The Defendant shall supply the goods to the Plaintiff within July 31, 2012 (hereinafter referred to as “supply date”).

However, the delivery date means the date the defendant completed the trial operation by supplying and installing goods to the plaintiff.

Article 5 (Inspection) (1) The defendant shall conduct a trial run after supplying and installing the goods to the plaintiff, and undergo an inspection by the plaintiff, and the defendant shall exchange the goods at his own expense, i.e., re-supply them to the plaintiff.

Provided, That the plaintiff shall deliver a certificate of inspection to the defendant when he/she is found to pass the inspection.

Article 6 (Payment of Price) The Plaintiff shall pay to the Defendant the total contract amount of KRW 25 million (excluding value-added tax) as follows:

Provided, That payment shall be made according to the method of payment by the plaintiff, unless otherwise specified.

The total price of goods shall be KRW 25 million (excluding value-added tax), KRW 7.5 million (excluding value-added tax), and shall be paid within seven days from the date of conclusion of this contract.

The intermediate payment of KRW 10 million (excluding value-added tax), and the payment shall be made within 20 days from the date of storage after the inspection of facilities.

Any balance of 7.5 million won (excluding value-added tax), and where the plaintiff confirms the inspection and trial operation and does not have any error, it shall be paid to the defendant within 30 days after examining the performance guarantee insurance policy from the defendant.

Article 8 (Compensation for Delay) (1) In cases where the defendant fails to pay in full the goods within the delivery date stipulated in Article 3, the plaintiff shall pay for delay the amount equivalent to 3/100 of the total contract amount per day without delay.

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